The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor or a registered user
(“user”, “customer”, “you” or “your”), and Rutherfords and its affiliates, successors and assigns (“Rutherfords”, “us”, “our” or ‘we”), the owner and operator of the
http://www.roeproducts.com website and all content and features contained therein (the “Site”) as well as any related mobile applications, e-mail notifications,
newsletters, blogs, products or any other services provided by us (collectively, the “Services”). The Site and the Services shall be hereinafter referred to
collectively as the Site. This Agreement governs your use of the Site as well as your purchases and use of products available through the Site.
BY ACCESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US,
YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BYTHESE TERMS
OF SERVICE
INCLUDING OUR PRIVACY POLICY,WHICH IS INCORPORATED HEREIN BY REFERENCE. Please read this Agreement carefully, as it contains important information regarding your legal rights and remedies.

1. Eligibility and Access

The Site is available only to users who can form legally binding contracts under applicable law. By using the Site, you represent and warrant that you are at least eighteen (18) years of age.

To use certain features of the Site (e.g., to place an order from the Site), you will need to create an account with your email address, password and gender (your “Credentials”). You represent and warrant that all information you submit when you create your account and all information you voluntarily choose to include in your profile is accurate, current and complete, and that you will keep such information accurate, current and complete. You are solely responsible for the activity that occurs on your account, whether authorized by you or not. You must notify Rutherfords immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses due to any unauthorized use of your account.

By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the Site; (ii) that you are using the Site only for permitted purposes; and (iii) you are not a competitor of Rutherfords, or agent thereof.

If you are using the Service from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By registering with us, you consent to such transfers.

2. Modification Of Terms

Rutherfords reserves the right to discontinue or modify any of our Terms of Service and/or our Privacy Policy as we deem necessary or desirable, at any time. If Rutherfords makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. The updated Terms of Service will be effective upon the earlier of our sending an e-mail notice to you or our posting of the changes on our Site.

3. Our Content and Grant of Limited License

The Site, including all text, graphics, photographs, images, and illustrations (“Content”), is protected by copyright, trade secret and other intellectual property laws andRutherfords and our licensors own all title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant you any rights to Rutherfords o trademarks or service marks. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Rutherfords reserves all rights not expressly granted to you in this Agreement.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and reviewing Site content and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

4. Permitted Uses

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. Further, you may not (a) make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site; or (g) use the Site to engage in any illegal activities.

We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

5. User Content

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or company; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under UK. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or any software intended to damage or alter a computer system or data.

With respect to any Content you submit or make available through the Site, you grant Rutherfords a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Rutherfords.

6. Copyright Infringement

Rutherfords has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that Rutherfords has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Crest & Co members who are repeat copyright infringers.Rutherfords may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Rutherfords Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;

d. your address, telephone number, and, if available, email address;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Rutherfords agent for notice of claims of copyright or other intellectual property infringement can be reached via mail at the following address:

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Upon acceptance of your order, we will charge your credit card account and send you shipping information for the order (or the accepted portion thereof).

Unless your order is cancelled, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and Rutherfords. will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched.

Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

8. Payment Terms

When you place an order on the Site, you agree to pay the following as of the time you submit the order:

· The currently listed purchase price for each product (which shall be listed on the Site as your “subtotal”);

· Any sales taxes or duties; and

· Shipping and handling fees for the delivery service you select.

Except as provided herein, all payments are non-refundable.

a. Sales Tax

Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products.

Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on Rutherfords net income), on orders shipped outside the United Kingdom. All such amounts will be calculated and displayed at checkout.

b. Shipping and Handling

Fees for shipping and handling are not included in the purchase price of any product. All such amounts will be calculated and displayed at checkout.

Rutherfords, in conjunction with our service providers, will attempt to deliver a product within the request range of days provided at the time the order was placed. You acknowledge that delivery date estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

9. Modifications and Cancellations

Rutherfords is happy to accept cancellations, for any reason, up to the moment your order has been confirmed for shipping. After that, you cannot cancel your order.

10. Returns

Many of our items are made especially for you after you place your order. We accept returns on most in-stock items, excluding final sale items; specific policies will be indicated on each product page.

In general, no returns or exchanges will be accepted on the following items, exceptions are indicated on the product page. Sales of the following items are considered final:

· Customized items

· Made to Order items

· Vintage items

To make a return, you must request a Returns Merchandise Authorization (RMA) within 7 days of receiving the goods with our Customer Service. You can begin a request by phone, e-mail or in writing. We will review your request as soon as possible and email you a shipping label to print and attach to the original box so you may return the item. All returns must arrive unused, unworn, unwashed and undamaged, in the original packaging and have all original tags attached within 20 days of receiving the order.

Your return will be processed within 5 business days of arriving back, at which time the credit card you used for the purchase will be refunded, less the initial sales tax, shipping and import duties costs.

Rutherfords reserves the right to deny return of any merchandise that does not meet the return policy requirement.

11. Errors, Inaccuracies and Omissions

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, an immediate credit will be issued to your credit card.

12. Third Party Materials

Our Site may contain (a) Content provided by other users, (b) links to other sites operated by third parties, (c) advertisements and/or sponsorships provided by third parties, and (d) stores, services, or product lines offered by third parties ((a), (b) , (c), and (d) are collectively, “Third-Party Materials”). We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer. You use all Third Party Materials and interact with such third parties at your own risk. We are not obligated to be involved in any disputes between you and any such third parties. When you leave our site, our Terms of Service (including our Privacy Policy) no longer govern. You should carefully review the applicable third party privacy statements and other terms and conditions of use.

You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

13. Disclaimer Of Warranties
WITH RESPECT TO ANY OF OUR PRODUCTS, SERVICES OR SITE CONTENT, OUR SOLE AND EXCLUSIVE OBLIGATION OR LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE, IN OUR DISCRETION, TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS SOON AS REASONABLY POSSIBLE.

THE APPLICABLE CLAIM MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY FOR PERISHABLE PRODUCTS AND ONE HUNDRED EIGHTY (180) DAYS AFTER DELIVERY FOR NON-PERISHABLE ITEMS, OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.

WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, OUR SITE (INCLUDING OUR SITE CONTENT) MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITES (INCLUDING OUR SITE CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE (OR SITE CONTENT OR SERVICES) WILL BE ERROR-FREE, TIMELY, SECURE, VIRUS FREE, OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE (OR SITE CONTENT) WILL PROVIDE ANY SPECIFIC RESULTS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITES (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ACCURACY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL RUTHERFORDS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

14. Limitation On Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RUTHERFORDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE (EVEN IF RUTHERFORDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

NOTWITHSTANDING THE ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO RUTHERFORDS FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO RUTEHRFORDS IN THE PRIOR TWELVE (12) MONTHS AND FIFTY POUNDS (£50).

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

15. Basis Of Bargain

THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN RUTHERFORDS AND YOU. RUTHERFORDS WOULD NOT BE ABLE TO PROVIDE THE SITE (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF RUTHERFORDS SUPPLIERS.

16. Indemnity

You will indemnify, defend, and hold us harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) your wrongful or improper use of the Site; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the UK or any other country; (e) any other party’s access and/or use of the Service with your Credentials.

17. General

a. Miscellaneous. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. These Terms of Service constitute the entire agreement and understanding between you and Rutherfords with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

b. Governing Law/Dispute Resolution. This Agreement shall be governed by the laws of the UK, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Any controversy or claim (except those regarding intellectual property) arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with UK Law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each party will have a right to seek injunctive or other equitable relief in a court of law. The prevailing party will be entitled to receive from the nonprevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. user hereby consents to the arbitration in the country of England.

c. Non-Assignment. You may not assign or transfer its rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent.

d. Modifications to this Agreement. You acknowledge and agree that Crest & Co may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

e. Notices. For contractual purposes, user consents to receive communications from Rutherfords in electronic format and agrees that all communications electronically received from Rutherfords will satisfy the legal requirement that such communications be in writing, if any. The foregoing does not affect user’s statutory rights.

f. Force Majeure. Rutherfords shall be excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Crest & Co. In the event that Crest & Co is temporarily unable to ship to you a purchased item because of such an event, Crest & Co will give you the option of deferring shipment or receiving a refund of your charges.

g. Contact Information. If you have any questions about this Agreement, please contact us via email at info@roeproducts.com or regular mail at the following address:

Rutherfords shall be excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Crest & Co. In the event that Crest & Co is temporarily unable to ship to you a purchased item because of such an event, Crest & Co will give you the option of deferring shipment or receiving a refund of your charges. Contact Information. If you have any questions about this Agreement, please contact us via email at info@roeproducts.com or regular mail.